New York Court Rules Some Same-Sex Couples Entitled to Benefits

Fri, 11/20/2009 - 3:33pm — Stacey

Yesterday, the New York State Court of Appeals rejected the right-wing Alliance Defense Fund’s challenge to two local and state policy determinations that had the effect of extending benefits to the same-sex spouses of government employees who were married outside of New York. The 4-3 decision did not address whether the New York must recognize same-sex marriage or declare that same-sex couples are generally entitled to the rights of other married couples.

The state’s highest court on Thursday upheld policies giving some government benefits to same-sex couples who are legally married outside the state, but did not rule on whether gay marriage should be legal in New York, leaving that issue for the Legislature to decide.

Though the majority in the 4-to-3 decision focused its decision on the narrow question of benefits, the three judges in the minority went further and said the court should have upheld the policies because same-sex marriages legally performed in other states deserved to be recognized in New York.

This comes just as the State Senate is poised to vote on legalizing same sex marriage. Again from the Times:

Advocates have been pressing the Senate to at least vote on the matter, forcing lawmakers to make their positions known and ensuring a passionate debate on the floor. Alan Van Capelle, executive director of the Empire State Pride Agenda, seized on the court’s urging the Legislature to act.

“The Court of Appeals was unusually explicit in its ruling today,” Mr. Van Capelle said. “We agree and eagerly anticipate a debate and vote on the marriage bill in the State Senate. Full recognition of the rights of gay couples is imperative.”

Perhaps the Alliance Defense Fund should spend less time finding ways to hurt innocent people. When victory for you is stripping people of their health insurance, it may be time to question your mission.